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AGREEMENT FOR SALE

THIS AGREEMENT FOR SALE is made at ___________ Goa, on this _________ day of
_____________of the year Two Thousand and Seventeen (___/__/2017) by and

BETWEEN

1) M/S. SALDANHA DEVELOPERS PVT LTD, a company incorporated under the

companies act and having its Registered Office at 5/6, Pawan Palace, Sitladevi Temple Road,
Mahim, Mumbai - 400 016 and Branch Offices at 302, Mathias Plaza, 18th June Road, Panaji, Goa
and DS-1,2, Pancharatna, Martires Dias Road, Margao, Goa, having Permanent Account No.
AAACS7418P, duly represented by its Managing Director Mr. Benedict Saldanha, age 57 years,
son of late Mr. Joseph M. Saldanha, Married, Businessman, Indian National holding Permanent
Account No. AAEPS1457M, Aadhar No 6016 2143 0941, residing at, La Marvel Colony, Dona
Paula, Ilhas Goa hereinafter called “VENDOR / DEVELOPERS” (which expression shall unless
repugnant to the context or meaning thereof be deemed to include its successors administrators
and assigns) of the FIRST PART.

AND

2) ___________, 42 years of age, S/o. _________________, ___________, Lawyer, Indian National,

holding Permanent Account No. _________________, residing at _____________.

Hereinafter referred to as the “PURCHASER” (which expression shall unless repugnant to the
context or meaning thereof mean and include his heirs, successors, representatives and assigns)
of the OTHER PART.

WHEREAS:

I. By a Deed of Sale signed on the 8th December 2015 and registered with the Sub-Registrar of
Bardez, Goa, under registration No. BRZ-BK1-09092-2015, CD number BRZD775 , Book No. I
Document on 08/12/2015, the Vendor/Developer has acquired right, title and lawful
possession from:-

(i) Mrs. Maria Arcangela D’souza, , widow of Anthony Rosario D’Souza, 73 years old,
housewife, Indian National, resident of House No. 2/A, Dil, Pazir CHS, Irla Society Road, Vile
Parle (West), Mumbai 400 056

All that plot of land bearing Survey Nos. 31/5, 7/4 and 8/7 admeasuring 775, 850 and 1050

square meters respectively, of the Village of Nachinola, admeasuring in the aggregate 2675

square meters, which plot of land forms part and parcel of the western half of the larger

property denominated ‘Gorbatta’, wherein there exists a residential house, which property

comprises of three additions, the first denominated ‘Boqueporbuchem Batta’ or ‘Teliachem

Batta’; the second denominated ‘Gorbatta’ or ‘Xir’; and the third denominated ‘Gorbatta’, all

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interconnected and forming one property with the denomination of ‘Gorbatta’ situated in the

village of Nachinola, Sub-District and Taluka of Bardez, District of North Goa, which is

described in the Land Registration Office of Bardez at Mapusa, under No. 6148 at Page 258 and

259 of Book B (new), which is the western half of the said larger property, as per the Certificate

of Registration issued by the Land Registration Office is described as under :

On the EAST: by the property of the heirs of Honorato Agostinho Ernestinho Coutinho,

On the WEST: by the property Gorbatta of heirs of Marinomo Vicente Luiz de Saldanha and of

Pascoal de Souza,

On the NORTH: on the North on the top of the hill of the Communidade of Nachinola, and

On the SOUTH: by the field Verica of the Communidade of Nachinola.

Whereas by another Deed of Sale signed on the 25th July 2017 and registered with the Sub-
Registrar of Bardez, Goa, under registration No. BRZ-BK1-03116-2017, CD number BRZD789 ,
Book No. 1 Document on 25-07-2017, the Vendor/Developer has acquired right, title and lawful
possession from:-

(1) MRS. JUDITH AUGUSTA DESA, daughter of late Amaro Roque De Cruz, aged about

63 years, married, housewife, and her husband;

2) COL. SYDNEY RUDOLPH DESA, son of late Mr. John Wilfred De Sa, aged about 63
years, Retd, both Indian Nationals and residents of C6/12 Salunke Vihar, A.W.C.H.S. Kondhwa,
Pune –Maharashtra,

All that plot of land bearing survey no. 7/5 and 8/8 admeasuring 850 and 625 square meters

respectively, of the Village of Nachinola, admeasuring in the aggregate 1475 square meters

which plot of land forms part and parcel of half of the larger property denominated “Porquea

Porbulem batta” also known as “Ghorbatta” or “Toleachem Batta” also known as Gorbatta,

situated in the village of Nachinola, Sub District and Taluka of Bardez, District of North Goa,

which is described in the Land Registration Office of Bardez, under no. 6243 at page 351 of

Book B new 16, which half of the larger property, are as per the Certificate of Registration

issued by the Land Registration Office is described as under :

on the EAST: by the property of the heirs of Honorato Agostinhi Ernestinho Coutinho,

on the WEST: by the other half of the property owned by Jose Luis Caetano de Souza,

on the NORTH: on the North on the top of the hill Cursachy Nuddy of the Communidade of

Nachinola, and

on the SOUTH: by the field Verica of the Communidade of Nachinola.

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V) That the title of the original Owners of the property described in Schedule I and II is cited in
the said Deed of Sale dated 08/12/2015 and 25/07/2017 executed between the
Vendor/Developers and the Owners, pursuant to which the Vendor/Developer has taken
possession of the property, which property shall hereinafter be referred to as the “said property
and the Purchasers has perused all the documents of title of the said property namely the Deed
of Sale dated 08/12/2015 and 25/07/2017 and is satisfied with the title of the Owners and
Vendor/Developer to the said property.

VI) That the Vendor/Developer decided to develop the said property by constructing thereon
Residential buildings with APTs and Stilt and Open parking by setting up the necessary
infrastructure, such as roads, open spaces, recreation places and such other amenities and has
named the project as “SALDANHA GREEN VALLEY”, and for the said purpose the
Vendor/Developer has prepared plans for development of the part of said property namely
survey no 7/4 & 7/5, in a manner as proposed above and secured approvals from the Town and
Country Planning Department vide Technical clearance order no.
TPB/2883/NAC/TCP/17/398, dated 17/2/2017, NOC from the Health officer vide No.
PHC/Aldona/NOC/Const/2016-172065 dated 24/3/2017 and the Village Panchayat of
Nachinola has granted construction license vide No.01/VP/Nac/Const./2017-2018/55 dated
21/04/2017 for the development of the part of said property and the Deputy Collector of North
Goa has granted Sanad for conversion of the Survey Nos 7/4 & 7/5 of said property under
provision of the Land Revenue Code vide No: 4/12/CNV/AC-III/2017/962 dated 14/8/2017.
& No : 4/12/CNV/AC-III/2017/961 dated 14/8/2017 respectively

VII) That pursuant to the said permissions the Vendor/Developer has proposed to develop part
of the said property described in Schedule I and II as per the approved plans and has opened
for sale APTs which shall hereinafter be referred to as “APT” to the intending Purchasers,
causing the intending Purchasers to form themselves in a Owners Association or Condominium
or a Limited Company or a cooperative maintenance society as decided by the
Vendor/Developer and shall hereinafter be referred to as the ‘Said Entity’.

VIII) The location of the proposed APT in the said developable land is as per the plans
sanctioned by the above mentioned authorities, which is marked in “site plan” annexed to this
Agreement wherein the proposed APT with numbers indicating the same are marked.

IX) The Vendor/Developer has already announced the commencement of the development
of part of the said property in the manner aforesaid and is desirous of selling the APT with
designated car parking spot to the intending Purchasers on Ownership basis.

X) The Purchaser being desirous of purchasing the APT has approached the Vendor/Developer
to get constructed for him Apt no. ______ in Block _____ on the _____________ floor,
admeasuring Super built up area (which includes incidence of
staircase/passages/balconies/wall thickness etc) of ________ square meters, which

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corresponds to the Carpet area of ________________ sq mts, along with a designated car parking
spot, in the project herein after called “SALDANHA GREEN VALLEY” proposed and shown in
the annexed “site plan” in the said developable land and the said APT is shown in the “floor
plan” annexed hereto in Red transverse lines and more particularly described in Schedule I A
herein after and AS PER SPECIFICATIONS fully described in Schedule II A, II B appearing
hereinafter and the Purchasers have seen the plans and specifications sanctioned by the local
authorities.

XI) The Purchaser hereby acknowledge as seen the Deed of Sale, documents of the said property
and the opinion on the title issued by the Developer’s solicitors, the permission/approvals and
licenses for the Construction of the development from the concerned authorities and has
otherwise satisfied himself about the title of the Owner and Vendor/Developer to the said
property and the necessary permissions.

XII) The Purchaser has agreed to purchase and the Vendor/Developer has agreed to sell the
APT No. ______ to be constructed on the _________ floor (which includes incidence of
staircase/passages/balconies/wall thickness etc) admeasuring an area of ______ square meters
of super built – up which correspondence to _______ sq meters carpet area , on ownership basis
in the said “SALDANHA GREEN VALLEY” as proposed to be constructed as aforesaid at the
price and on other terms and conditions hereinafter set out.

NOW THESE PRESENTS WITNESS AND IT IS HEREBY AGREED BY AND BETWEEN

THE PARTIES HERETO AS FOLLOWS:

CLAUSE - A

1) The Vendor/Developer, shall construct the APTs /stilt and Open parking in the said
property, in accordance with the plans, designs and specifications seen and approved of by the
Purchasers with such variations and modification as the Vendor/Developer deems necessary
and/or as per the directions of the Town and Country Planning Authority and/or the local
authorities from time to time and if at the time prior to or even after the execution of the
Agreement for Sale, the floor area ratio at present applicable to the said land is increased, such
increase shall ensure to the benefit of the Vendor/Developer alone without any rebate to the
Purchasers or to the Co-operative Society or the Limited Company or Legal Entity as the case
may be and the Purchaser shall have no right to obstruct further construction if any to be made
by the Vendor/Developer. The Purchaser hereby agrees to such variations and modification as
and when made.

2) The Purchaser declares that the Purchaser has inspected and investigated the title to the
said property and has satisfied him self about the title of the Vendor/Developer to the said
property and no requisition or objection shall be raised by the Purchaser on any matter relating
to the title or otherwise howsoever.

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3(a) The Purchaser hereby agrees to take and acquire the Apt no. _____ to be constructed on
the _____ floor with super built up area (which includes incidence of
staircase/passages/balconies/wall thickness etc) admeasuring ______ square meters,
corresponding to Carpet area of ______ sq mts constructed on part of the said property as
aforesaid and the said project is called “SALDANHA GREEN VALLEY”. A plan and
specifications of which is seen and approved of by the Purchaser for an aggregate sum of
Rs._________/- (Rupees Ten Lakhs Thirty One Thousand Seven Hundred Seventy Six Only).
The Carpet/ Super built-up areas are better described in Schedule IA

The fixtures fittings and amenities to be provided by the Vendor/Developer in the said APT are
those that are set out in schedule IIA, annexed hereto.

(b) It is also clearly agreed between the Purchaser and the Vendor/Developer that prior to
taking possession of the APT , it will be measured and in the event of the area mentioned in
Clause 3(a) hereinabove is increased or decreased; the price mentioned in Clause A 3(a) will be
proportionately amended as per the same unit rate per sq.mts mentioned in Clause A 3 (a).

CLAUSE –B
1. Final Saleable area.
The Super built-up/Carpet Area as defined in Schedule I A herein below of the APT is subject
to variation, if any, depending on the exact, final areas of the common structures and built areas
and amenities as finally constructed that form part of the Development and are to be factored
into the computation of the Super built-up Area. The Purchaser have further agreed and
confirmed that the Super builtup area/Carpet area and calculations thereof, as referred to and
defined herein, of the APT as finally constructed and completed are subject to:
a) Variations consequent to any revisions, amendments or modifications if any, of/in the
building plans that may be required or directed to be made by the concerned authorities;
b) Variation necessitated due to improving the project and as per trade accepted practice of the
Developer.
2) MEASUREMENT:
On completion of construction of the APT and the Development, the Super built-up and carpet
area of the APT shall be measured and quantified per the definition in Schedule IA hereunder
and notified to the Purchaser prior to the date for handover of possession. The Purchaser agree
that if the Super built-up and Carpet area of the APT measured and quantified per the
definition hereunder and certified as aforesaid on completion of construction of the
Development, is found, to be greater than that specified in Schedule IA then in such an event
they shall, on or before taking possession pay the Developer for the increased area on the basis
of the sale price per unit area of the Apt. Similarly, if the certified area is found to be less than
that specified in Schedule IA, the Developer shall refund to the Purchaser and amount,
computed on the same basis, for the decreased area.

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CLAUSE -C

The Purchaser agrees to pay and discharge the consideration for the acquisition of the said Apt
no. ___ in Block __, to be acquired by him as under:-
(A) PURCHASE CONSIDERATION:

1. On signing of Agreement Rs. ________/-

Add GST @ 12% Rs. /-

Rs/-

2. Installments:

i) On commencement of laying of foundation Rs. /-

Add GST @ 12% Rs./-

Rs. /-

ii) On Completion of plinth Rs. /-

Add GST @ 12% Rs./-

Rs. /-

iii) On commencement of laying the 1st slab Rs. /-

Add GST @ 12% Rs./-

Rs. /-

iv) On commencement of laying the 2nd slab Rs. /-

Add GST @ 12% Rs. /-

Rs. /-

v) On commencement of laying the 3rd slab Rs. /-

Add GST @ 12% Rs. /-

Rs. /-

vi) On commencement of laying the 4th slab Rs. /-

Add GST @ 12% Rs. /-

Rs. /-

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vii) On commencement of Masonry Rs. /-

Add GST @ 12% Rs./-

Rs. /-

viii) On commencement of internal Plastering Rs. /-

Add GST @ 12% Rs./-

Rs. /-

ix) On commencement of external Plastering Rs. /-

Add GST @ 12% Rs./-

Rs. /-

x) On fixing of flooring Rs. /-

Add GST @ 12% Rs./-

Rs. /-

xi) On handing over of possession Rs. /-

Add GST @ 12% Rs./-

Rs. /-

Purchase consideration for the APT (Including Service tax): Rs. _________/- (Rupees
___________________ only).

(B) STAMP DUTY, REGISTRATION FEE &; LEGAL FEES:

All statutory impositions, such as GST, TDS, Stamp duty, Registration fees and any other
impositions that might become applicable shall be promptly paid by the Purchaser at the
required times and as per the State/Central Government stipulations and rates prevailing on
the date {s) on which the payment of such impositions is/are to be made to the concerned
authority(s).
Stamp Duty, Registration and legal fees shall be paid by the Purchaser in two stages as follows:
1) At the stage of execution of this agreement:
a) Stamp duty @ 2.9%: Rs. _______/-
b) Legal Charges: Rs. 5000/- (Rupees Five Thousand Only) payable for the drafting, preparation
and registration of this agreement.
c) Registration Charges Rs. 1000 approx.
2) At the stage of execution of the Sale Deed:
a) Stamp duty presently @ 0.6%: Rs. __________/-
b) Registration fees presently @ 2%: Rs. ______ (Processing Fees) = ________/-

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c) Legal Charges: Rs. 10,000/-(Rupees Ten Thousand only) for the drafting, preparation and
registration of Sale deed.

3) The Purchaser shall on or before delivery of the possession of the said Apt agrees to pay the
Developers towards the following amounts:

(a) Rs. 3000/- for documentation fees for society registration.

(b) Rs. 510/- for share money, application entrance fee to the Society.

(c) Rs. ________/- for electricity Connection Charges.

(d) Infrastructure tax – As Applicable

Further the Vendor/Developer is not bound to give notice requiring payment and the failure
thereof shall not be pleaded as an excuse for non-payment of any amounts on the respective
due dates.

Any other statutory payments/taxes levied by the Government or local authorities that are
currently applicable or may become applicable in the future for the Apt shall be borne by the
Purchaser and promptly paid by the Purchaser at the required time as per the state/central
government rates prevailing on the dates when the payment of such impositions become due
and payable as per the rules of the concerned statutory authority.

(C) SHARE OF MAINTENANCES EXPENSES:

The provisionally quantified, proportionate share of maintenance expenses of Saldanha Green
Valley Society for the first 12 months, to be paid by Cheque/DD by the Purchaser upon taking
possession of the said APT is Rs. ____________/- (Rupees Four Thousand Two Hundred and
Forty Three Only) i.e @ Rs.250 X Super built up area of APT.

The aforesaid payments shall be made within a period of 15 days of notice in writing by the
Vendor/Developer to the Purchaser at the address given as herein above mentioned, on
completion and giving possession of the Apt.

The Purchaser agrees to be punctual in making payments as per the clause mentioned above
and remit within times from the bank account so as to reach the Developers bank account
within the time mentioned in the notices.

The Purchaser shall monitor the progress of the construction of the projects up to its completion
by viewing the Developer’s website showing the progress and photographs of the construction
completed. The Developers shall not be required to send photographs of the progress of the site
to the Purchaser. The Purchaser or its representative is free to inspect the site after ensuring the
all safety aspects governing the site and enforced by the Developer and are complied with.

D) ADDRESS OF NOTICES: The Notice referred in the preceding clause and all other
notices to be served to the Purchaser as contemplated by this Agreement shall be deemed to
have been duly served if sent to the Purchaser by Registered Post A.D./under certificate of

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posting at his address as aforesaid mentioned and the same shall be sufficient discharge to the
Vendor/Developer.

E) DEVELOPER BANK INFORMATION. All payments should be made payable at Panaji,

Goa only and shall be in favor of “Saldanha Developers Private Limited.” The outstation
cheques shall be sent for clearing and the Bank charges shall be recovered from the Purchaser at
actual.

F) LATE PAYMENT INTEREST.

Without prejudice to the foregoing clauses and other rights under this Agreement, The
Purchaser agrees to pay the Vendor/Developer interest at fifteen percent per annum on all the
amounts which become due and payable by the Purchaser to the Vendor/Developer under the
terms of this Agreement from the date the said amount is payable by the Purchaser to the
Vendor/Developer. It is expressly agreed by the Purchaser and the Vendor/Developer that, in
respect to all the payments hereinafter mentioned that time shall be the essence of this
Agreement.

G) FULL PAYMENT.

If Purchaser for any reason of their own is unable to take physical possession of the APT as per
the notice by the Developer that the Apt is ready for possession, the Developer may agree on a
date that is convenient for the Purchaser to take possession, however the purchaser shall make
the full payment of the all amounts payable as per this agreement within the stipulated time
allowed in the notice to take possession.

H) RECEIPTS AND PAYMENTS BY THE DEVELOPER: Any payments remitted by the

Purchaser to the Developer’s bank account in currencies other than Indian Rupees will be
considered as having been made in Indian Rupees as per the then prevailing exchange
conversion rate applied by the Developers' bankers. All payments by the Developer to the
Purchaser of any amounts under this agreement including refunds if any, shall be made in
Indian Rupees by cheque or other instrument drawn on the Developer’s bank account. All
refunds by the Developer to the Purchaser shall be limited to the amounts actually received net
of bank transfer charges. The Purchaser are aware and agrees that the Developer shall not be
liable or responsible to refund or make good any taxes, stamp duty, registration fees and other
statutory impositions paid or payable by or paid on behalf of the Purchaser.

I) CHEQUES RETURNED UNPAID: It is specifically agreed and understood that the

Purchaser shall make arrangements for sufficient funds to honor all cheques issued towards
payment by the Purchaser to the Developers of all amounts under this agreement and in the
event of the cheque being returned unpaid, the Purchaser is stopped from taking a defense that
the same was not issued in discharge of a legally recoverable liability or that no liability existed
as on the date when the cheque was presented for collection by the Developers.

CLAUSE D- TERMINATION
(1) DEFAULT BY PURCHASER.

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On the Purchaser committing default in payment on the due date for any amount due and
payable by the Purchaser to the Vendor/Developer under this Agreement (including his
proportionate shares of taxes levied by the concerned local authority and other outgoing) and
on the Purchaser committing breach of any of the terms and conditions herein contained, the
Vendor/Developer shall be entitled at its own option to terminate this Agreement. Provided
always that power of termination herein contained shall not be exercised by the
Vendor/Developer, unless and until the Vendor/Developer, has given to the Purchaser fifteen
days prior notice in writing of its intention to terminate this Agreement and notice of the
specific breach and/or breaches of the terms and conditions and in respect of which it is
intended to terminate the Agreement and the default should be remedied by the Purchaser
within a period of 15 days after the giving of such notice. Provided further, that upon
termination of this Agreement as aforesaid, the Vendor/Developer shall process the refund to
the purchaser of the money till then paid by the purchaser, but the Developers shall not be
liable to pay to the purchaser any interest on the amount so refunded. The refund to the
purchaser shall be made as soon as the Developer receiving the booking amount from the new
purchaser of the APT or within four months of the termination whichever is earlier. Further the
Developers shall be at liberty to enter into any agreement in respect of the APT as the Developer
deems fit and the purchaser shall not be entitled to questions such termination or challenge
such an agreement or make any claims from the Developers of any amount other than the
refund of the total amount actually received by the Developers.

(2) TERMINATION BY PURCHASER.

In the event of the Purchaser intending to terminate this Agreement, the Purchaser hereby
agrees to permit the Vendor/Developer, to deduct 10% of the total Agreement amount,
mentioned in Clause A 3 (a) herein above and the Vendor/Developer agrees to make full
payment of the balance amount within a period of 90 days of receiving a letter of cancellation
and signing of the Cancellation Deed or any other document whichever is later, including any
documents to be cancelled at the Sub-register.

CLAUSE – E -HOME FINANCE INSTITUTIONS

1) In the event the purchaser avails of a home loan/finance from a bank or financial institutions
(FI) for the purchase of the Apartment, then notwithstanding any stipulations by or terms and
conditions agreed between the purchaser and the FI, it shall remain the purchaser liability and
responsibility to ensure that the FI deliver each installments to the Developer on or before the
due dates stipulated in the demand notice sent as per clause C-A above on page ____. Further
the purchaser shall also be responsible to deliver each of the aforesaid demand notices to the FI,
well in time so that the installment due, reaches the Developer on the dates stipulated. The
purchaser shall be solely responsible and liable for delays by FI in processing or sanctioning the
loan and the processing, disbursement, release of payment installment by the FI to the
Developer. In the event of any delay in receipt of payment to the Developer of any installments
from the FI, the Developer reserves the right at its sole discretion to either terminate this

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agreement in the manner mentioned in clauses D1 and subject to the other provision herein,
refund to the FI or purchaser all amount paid by the purchaser or to accept the delayed
payments from the purchaser along with the interest at 15 percent per annum.

2A) FIRST LIEN AND CHARGE:

Subject to the right to avail of a home loan from any FI, the purchaser shall not create any third
party rights in respect to the APT or sign any agreement with third parties other than the FI,
without the previous consent in writing of the Developers and until and unless all amount
payable by the purchaser to the Developers under this agreement are fully paid. It is hereby
agreed that the Developer shall always have first lien and charge on the APT in respect of any
amount remaining unpaid by the purchaser under the terms of this agreement.

2b) The Vendor/Developer shall in respect of any amount remaining unpaid by the Purchaser
under the terms and conditions of this Agreement shall have first lien and charge in respect of
the said APT agreed to be acquired by the Purchaser.

2c) In the event of a default by the Purchaser on any home-loan/ finance permitted as above,
the Developer reserves the right to terminate the agreement and, as provided for herein, refund
all monies that the purchaser/FI has advanced to the Developer.

CLAUSE – F POSSESSION:

(1) The Vendor/Developer shall under normal circumstances, hand over the possession of the
Apt to the Purchaser on or before 36 months from the date of signing this Agreement and to the
provision in clause H and subject to an automatic extension/grace period thereafter of six
months.

2) The Purchaser shall take possession of the Apt within thirty days of the Vendor/Developer
giving written notice to the Purchaser, intimating that the said Apt is ready for use and
occupation.

3) The Vendor/Developer shall deliver the possession of the said Apt to the Purchaser
after the Vendor/Developer has obtained from the concerned local authority occupancy
and/or completion certificate in respect of the Apt, that the same is ready for use and
occupancy provided that the Purchaser shall have paid to the Vendor/Developer amounts
mentioned in Clause C and shall have executed by him all forms of applications for forming an
society referred to hereinafter and has duly performed all the terms and conditions and
obligations under these presents.

b) The Purchaser agrees that on receipt of the occupancy certificate from the Village Panchayat,
the Developer will apply for the electrical, water, and other utilities/supply and connection for
or to the development, and follow up diligently with the concerned authorities for the
approval/sanction/release of the supply/ connections. Subject to the above, the development
shall be considered and deemed to have been completed on the Developer obtaining the

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occupancy certificate for Apt, despite the other utilities/supply/final connections may not have
been sanctioned/released/provided to theApt and or the development by the concerned
authorities or service providers.

c) Before taking possession, the purchaser will inspect and satisfy himself that construction is as
per the plan and specification, and bring to the notice of the Developers in writing any
defect/deficiencies/deviations and the Developers within 10 days of the inspection and subject
to the terms and conditions herein, make good, correct, rectify and repair the
defect/deficiencies/deviations brought to the notice of the Developers. Within 7 days of
correction of the defects etc, the purchaser shall take possession of the Apt and receive the keys
of the Apt from the Developer after signing of the possession certificate. The purchaser shall not
delay taking possession by raising objections, dispute in respect of the condition and
specification of the Apt, or in respect of any item/s of work or defects/deficiencies/deviation
that have been repaired/rectified/corrected.

CLAUSE – G
1.a). THIRD PARTY TRANSFER: Upon receiving possession of the Apt and prior to execution
of the Deed of Sale the Purchaser shall, subject to the other terms and conditions herein, have
the right to or otherwise transfer his/her/their rights hereunder to any person/s of his/her/
their choice or deal with or dispose of or part with in any manner whatsoever, or assign, or part
with as aforesaid their interest under the benefit of this Agreement but only if:
b). All the amounts and dues payable to the Developer under this agreement are fully paid up;
c). The Purchaser are not in any default/s or breach/es of any of the terms, conditions and
covenants of this agreement;
d). The Purchaser obtains Developer's prior written approval of the
document/agreement/deed/writing effecting or purporting to effect such assignment or
transfer.

2. BINDING OF THIRD PARTIES: In the interest of all the purchaser/transferees and

residents of APT in the Development and to better ensure the harmonious and co-operative
enjoyment of the Development by all these persons, the Purchaser agree to make all the terms,
conditions and covenants of this agreement, the BYLAWS and the Deed of Sale applicable to
and binding on the person/s to whom the Apt is transferred to and into whosever's hands the
Apt may come. If and when, subject to the terms and conditions herein, the Purchaser agrees to
or effects the transfer of the Apt or gives it out on rent, lease, leave and license, etc. all the terms,
conditions and covenants of this agreement, the BYLAWS and the Sale Deed shall compulsorily
be incorporated in and constitute an integral part of all documents, deed/s or instrument/s
agreeing to effect or actually effecting the transfer or renting, letting or leave and license, etc. so
as to ensure that the covenants, conditions, rules and regulations herein are made applicable to
and binding on all future transferees, successors-in-title and all persons into whosever’s hands,
occupation and use the Apt may come.

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2) The PURCHASER hereby agrees that for resale or reassign of Apt any time before the
formation of the society or Sale Deed is registered an amount of Rs. 1,000/-(Rupees One
Thousand Only) per sq.mts, shall be paid to the VENDOR/DEVELOPER irrespective of the
price the Apt is sold as administrative fees for bringing the new vendor on record and for
necessary documentation fees.

However all the amount due to the VENDOR/DEVELOPER including Society Deposit and
other charge will have to be cleared/paid before the resale or reassigned of the Apt etc. after
formation of the society the transfer fees will be charged as per the by-laws of the society.

CLAUSE – H DELAYS.

1) The Developers shall not be in default of this agreement nor shall the Developer incur any
liability of any nature whatsoever in the event of any delays in the completion of the
development or in the handing over of possession of the Apt on the stipulated possession date
including the automatic extension/grace period of six months mentioned where delays is on
account of reasons beyond the Developers control, and delay is account of:

(a) Non-availability or shortages or restricted supply of steel, cement, sand and other building
material, water or electric supply. Delays caused due to transport or other strikes, stoppages,
outages or other causes.

(b) War, civil commotion or acts of God.

(c) delays due to changes in any laws, rules, regulations, of the concerned authorities or
changes in the approval and completion certification requirements or due to the issuance /
promulgation of any notices, act, law, statutes, order, rule, notification departmental rules of
business or change in public policy of the local, state or central authorities.

(d) Delays due to any legislation/enactment that could adversely affect the development or its
construction or its completion or the sale of Apt therein.

(e) Delay in approval /sanction/connection/installation of the electricity, water, or other

utilities to the development provided any such delays are not a consequence of any acts of
commission or omission on the part of the Developers.

(f) Delays caused by any activism, extortion, agitation, PIL, or any inference by group of
persons that hampers stops, delays, impedes or affect the constructions of the Apt or the
development of the work, effecting the free movement of manpower and material and vehicles
into or out of the property for any length of time.

(g) Any notice, order, rule, notification of the Government and/or other Public or competent
authority.

(h) Delay by local authorities in providing of infrastructure to the project, including

Electricity/water connection.

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FAILURE TO HANDOVER POSSESSION.

2.a) If the Vendor/Developer further fails or neglects to hand over possession of the Apt to the
Purchaser on account of reasons beyond its control, and mentioned in clause H 1(a-h) above
after allowing the automatic grace period or extension of time, in that event the
Vendor/Developer shall be liable on demand to refund to the Purchaser the amounts already
received by the Vendor/Developer in respect of the Apt with simple interest at six percent per
annum from the date the Vendor/Developer received the sum till the date the amounts and
interest thereon are repaid.

Subject to the provision of clause and sub clauses above, if for any reason/s the Developer is
unable to or fails to give possession of the Apt within 36 months of the date of signing this
agreement, including the grace period specified herein or within any period of extension, it is
mutually agreed upon the parties hereto, then in such an event the purchaser is entitled to give
notice to the Developer terminating this agreement and Developer shall within 15 days of
receipt of such notice refund all amounts paid by the purchaser together with simple interest at
the rate of 8 percent computed from the date the Developer received each of the amount till
this amount and interest thereon are refunded to the Purchaser. The Developer shall, in
addition, pay the purchaser a maximum sum of Rs. 35,000/-(Rupees Thirty Five Thousand
only) as liquidated damages in respect of such termination but shall not be liable to pay the
purchaser any compensation whether for the cost of rental or alternate accommodation, or for
consequential or direct or indirect loss or expenses of any nature and for any reason
whatsoever, or by way of penalty or other amount. Upon the payment of the refund, interest,
and liquidated damages as aforesaid neither party shall have any claim or demand against the
other, either in respect of the Apt or arising from./out of this agreement.

LIABILITY OF DEVELOPER

(3) If as a result of the delays mentioned above the Vendor/Developer is unable to complete the
aforesaid Apt to be sold or hand over possession thereof to the Purchaser, in that event the only
responsibility and liability of the Vendor/Developer shall be to repay to the Purchaser and/or
to the other several persons who have purchased the APT and any other portions of the said
property, the total amount/s (attributable to the said Apt) that may be received by the
Vendor/Developer at the time and in the manner as may be received by the Vendor/Developer
pursuant to such legislations, order or statutory rule and the same as aforesaid, and neither
party to this Agreement shall have any right and/or claim against the other under or in relation
to this Agreement, or otherwise howsoever.

CLAUSES – I WARRANTY.

The Developer agrees to rectify/repair/correct at their cost any construction/structural defects

in the Apt up to a period of 24 months from the date of the taking possession or date the project
has received the occupancy or completion certificate. However this warranty shall not be
applicable or extended to or be valid in respect of:-

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1) Any structure, item, which is broken or damaged due to misuse, normal wear and tear
and non-preventive maintenance by the purchaser or his/her/their agents.
2) Any use that the Apt is put to use in contravention of the terms and conditions herein.
3) Any modification/alteration done after the purchaser has taken possession from the
Developers.
4) Any items brought from third party manufactures which are covered by the
manufacturer’s warranty.
5) Settlement cracks in plaster, wall finishes or masonry, shall not be considered defective
works unless the Architect of the Developer opines otherwise.

CLAUSE - J -- MAINTENANCE & TAXES.

1) Commencing a week after the notice in writing is given by the Vendor/Developer to the
Purchaser that the Apt is ready for use and occupation, the Purchaser shall be liable to bear and
pay the proportionate share (i.e. in proportion to the floor area of the Apt) of outgoings in
respect of the said land and Apt namely local taxes, betterment charges and/or such other
levies by the concerned local authorities and/or Government, water charges, insurance,
common lights, repairs and salaries of clerks, bill collectors, chowkidars, sweepers cost of
maintenance of buildings, common lights staircases, compound, open spaces, terraces, other
common amenities or holdings, cost of management, accounts and administration and all other
expenses necessary and incidental to the management and maintenance of the said land and
APT. The Purchaser shall pay the Vendor/Developer a sum of Rs. 800/- per square meter of
Super built-up area of the APT and a sum of Rs. 400/- per square meter of area of the
mezzanine floor, open terrace & parking area occupied by the Purchaser which is to be
deposited in a Maintenance fund created for the maintenance of the complex. The
VENDOR/DEVELOPER has agreed that on actual cost to cost basis they shall temporarily
arrange for day to day maintenance, cleanliness and security, common lights, and sweepers,
water pumps, common electricity meter and charge in respect thereof, maintenances of open
spaces, etc. after the completion of the one year period.

2) The VENDOR/DEVELOPER shall be entitled to deduct from the said amount so

deposited by the PURCHASER the proportionate share of expenditure in respect of all the
aforesaid including the other costs like cost of management, accounts and administration, etc,
However, it has been made explicitly clear that the VENDOR/DEVELOPER shall only
temporarily arrange for the aforesaid service and that to by way of mere goodwill and without
any liability in respect thereof, and the same shall not be deemed or construed to form a part of
the present agreement for construction or any after-contract service agreement and the present
obligation is undertaken by the VENDOR/DEVELOPER only in view of the fact that till the
formation of the Co-Operative Maintenance society or till all the APT are complete whichever is
earlier.

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3) It is further explicitly agreed that the PURCHASER shall not be entitled to allege any
deficiency against the VENDOR/DEVELOPER in case of any default or inefficiency in
managing such maintenance of the complex and the VENDOR/DEVELOPER shall also be
entitled to give notice at any time to the PURCHASER and stop providing the said
agreement/maintenance and the PURCHASER shall not at any time in any manner object there
to the same on any grounds. In such case, however, when the VENDOR/DEVELOPER is
unwilling to assist the PURCHASER to maintain the cleanliness and security in respect of the
said building complex or any of the building in the said complex, the VENDOR/DEVELOPER
shall refund to the PURCHASER or to such co-operative Society or society as may be nominated
by the PURCHASER, the balance, if any, of the amount deposited by the PURCHASER, with
the VENDOR/DEVELOPER as aforesaid after deducting the proportionate share in the
expenditure and costs of maintenance, security, cleanliness, already incurred till such date. The
VENDOR/DEVELOPER shall not be also held responsible for any inadequacies or inefficiencies
in said arrangements which the VENDOR/DEVELOPER has agreed to provide purely by way
of assistance to create goodwill.

4) The VENDOR/DEVELOPER shall incase and upon the said amount deposited getting
exhausted, after deduction of the proportionate share in expenditure and costs as aforesaid be
entitled to call upon the PURCHASER to deposit such further amount with the
VENDOR/DEVELOPER as may be required from time to time if the VENDOR/DEVELOPER
continues to provide the said assistance and the PURCHASER shall be bound to deposit such
amount with the VENDOR/DEVELOPER within eight days of the receipt of the notice to that
effect from the VENDOR/DEVELOPER.

The Purchaser undertakes to pay such deposits on or before the expiry of one year from the date
of taking possession of the APT and shall not withhold the same for any reason whatsoever.
The deposit paid by the Purchaser in the aforesaid clause will not include internal maintenance
of the individual Apt and House Tax in respect of the Apt.

5) The Vendor/Developer will obtain the electrical and common water connection for the
said Apt and/or complex and the Purchaser will cooperate in signing the required
documentation and pay the necessary charges.

6) The PURCHASER hereby agrees to pay a sum of Rs. 1,000/- (Rupees one Thousand
Only) towards monthly electricity charges from the date of possession till a permanent
connection is installed.

CLAUSE K : SALE DEED.

The Vendor/Developer hereby agrees and undertakes with the Purchaser that the
Vendor/Developer shall convey in favour of the Purchaser, the undivided right in the said
property along with Apt within a period of 180 days from the date of the Purchaser taking
possession of the said Apt or on completion of the entire project, whichever is later, and subject

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to the Purchaser obtaining necessary permissions required for Conveyance Deed as per the
prevailing laws and the Purchaser shall bear all the expenses, costs, charges for the stamp duty
and registration fees of the Sale Deed to be executed by the Vendor/Developer in favour of the
Purchaser.

1. CONVEYANCE DEED: After handing over possession of the Apt and at the Purchaser's
convenience the Developer shall convey, in favour of the Purchaser, the Apt as per the time
mentioned in above, along with the Undivided Rights and the right to use the amenities on the
following conditions:

a) The Undivided Rights shall be purely notional and the Purchaser on account of the
Undivided Right shall lay no claims or demands in respect of any part or portion of the
Developmental property or the entire property nor shall the Purchaser be entitled to claim
partition or division of their Undivided Rights in the Developmental Property or the entire
property, it being agreed and declared by the Purchaser that their share, right, title and interest
in the Developmental Property or the entire Property shall always remain notional, impartible,
un partitionable and undivided.
b) The Undivided Rights shall be quantified, pro-rata, as a share of the area of the
Developmental Property in the ratio of the FAR consumed for super built-up Area (defined
hereunder) of the Apt to the FAR consumed for total Super built-up Area of all the APT in the
Development.

The amenities and open/common/public spaces and areas including passages, pathways in the
said development shall be for the common use and enjoyment of all occupants of the
Development and the Purchaser shall have no claims for exclusive use or exclusive enjoyment
of any part/portion of the amenities, open/common/ public spaces and areas irrespective of
the specific location or site of the APT within the Development, except those area exclusively
sold by the Vendor/Developers to the Purchasers and mentioned in the agreement of sale.

2) UNDIVIDED RIGHTS:
a) The Undivided Rights of the Purchaser as defined and referred to herein are the attributable,
proportionate, indivisible, impartible rights to be enjoyed in common with the other Purchaser
of Apt in the development.
b) Common areas shall include but not be limited to the areas, driveways, pathways, lobbies,
garden areas, swimming pool, utilities, gym and other facilities and amenities that shall be
enjoyed and accessed in common by all the Apartment Purchasers in the Development.
c) The Purchaser' Undivided Rights in the Developmental Property shall be proportionate,
purely notional and subject to the other terms and conditions in this Agreement, the Sale Deed
(defined hereunder) and the BYLAWS. The Purchaser on account of the Undivided Rights shall
lay no claims or demands in respect of any particular or specific part or portion of the
Developmental Property or the Entire Property. The Purchaser shall not be entitled to claim
partition or division of their Undivided Rights. The Purchaser's Undivided Rights in the
Developmental Property shall always remain impartible, un partition able and undivided and

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shall always be subject and subordinate to the rights of the owners in respect of the entire
property.

3. STAMP DUTY, REGISTRATION FEES, and LEGAL CHARGES: The Sale Deed, BYLAWS
and other documents shall be prepared and drafted by the Developers' solicitors. The Purchaser
alone shall bear all costs, legal charges of the Developers' solicitors for drafting, execution and
registration of this Agreement, the Sale Deed, and the BYLAWS and other documents; the
expenses of stamp duty, registration fees and other statutory impositions in connection with the
execution of the Sale Deed and all other documents executed or required to be executed in
respect of or relating to the said Apt and the Purchaser alone shall bear and pay the GST, TDS,
etc. applicable to the transaction and sale agreed to herein.

CLAUSE - L PURCHASER COVENANTS

1) The Purchaser themselves and/or through their authorized representatives and/or agents
shall with the intention of bringing all persons into whatsoever hands the Apt may come,
hereby covenant with the Vendor/Developer as follows:

a) The Purchaser shall not use the said Apt for any purpose other than the purpose for which it
is allowed by the local and or by the other authorities nor use the same for any purpose which
may and or is likely to cause hindrance, nuisance and/or annoyance to the occupiers of the
other APT, neighboring properties nor for any illegal or immoral purposes.

(b) Not to do or permit to be done, act or things which may render void or voidable any
insurance of the said land and the building in which the APT is situated or any part thereof or
whereby any increases in premium shall become payable in respect of the insurance.

(c) Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same to be thrown
from the said Apt in the compound or any portion of the said project in which the Apt is/are
situated.

(d) The Purchaser shall not let, sublet transfer, assign and/or part with the Purchaser’s interest
or benefit factor of this Agreement or part with the possession of the Apt until all the dues
payable by the Purchaser to the Vendor/Developer under this Agreement are fully paid and
only if the Purchaser has not been found guilty of breach of or non-observance of any of the
terms and conditions of this Agreement and until the Purchaser has intimated in writing to the
Vendor/Developer and/or the Society.

(e) The Purchaser shall observe and perform all the rules and regulations which the Society
may adopt at its inception and any additions, alterations or amendments thereof that may be
made from time to time for protection and maintenance of the said Apt and the project therein
and for the observance and performance of the building Rules, Regulations and Bye-Laws for
the time being of the concerned local authority and of the Government and other public bodies.
The Purchaser shall also observe and perform all the stipulations and conditions laid down by
the Society regarding the occupation and use of the Apt and shall pay and contribute regularly

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and punctually towards the taxes, expenses and other outgoings in accordance with the terms
and conditions of this Agreement.

(f) Till a conveyance of all the APTS in which it is situated is executed the Purchaser shall
permit the Vendor/Developer and their Surveyors and agents, with or without workmen and
others at all reasonable times, to enter into and upon the said property and the Apt or any part
to view and examine the state and condition thereof. And the Purchaser shall have no claim
save and except in respect of the particular Apt hereby agreed to be acquired i.e. all open
spaces, parking places, common lobbies, passages, etc. shall remain the property of the
Vendor/Developer till the project is handed over to the proposed Society.

(g) The Purchaser explicitly agrees not to raise any objections to amalgamation of the project
for better utilization of roads, open spaces and maintenance with the adjacent plots and the
Purchaser agrees to such amalgamations as deemed necessary at the sole discretion of the
Vendor/Developer.

h) The Purchaser shall sign all the papers and documents and do all the other necessary things
as the Vendor/Developer may require them to do from time to time on their behalf for
safeguarding the interest of the other Owners of the respective Apt in the project.

CLAUSE: - M - EXPENSES:

1) The Purchaser shall bear a pro-rata and proportionate share of expenses in respect of the
Development and has agreed that:
a) Such expenses include but are not limited to house tax or other taxes levied by the concerned
local and/or Government authorities; water charges for common areas; insurance; common
electricity; maintenance and repairs of common areas, structures and amenities; salaries of
Estate Manager, Accounting and administrative staff, and other staff, expenses on service
providers and all other expenses necessary and incidental to the maintenance and management
of the development and its infrastructure and amenities.
b) They shall be solely responsible for their individual electricity, telephone, cable TV,
household contents insurance and other expenses/bills/charges pertaining to the Apt, whether
the bills/demand notices for the same are received/collected by/issued to/served on the
Purchaser or not. The Purchaser may lodge a deposit/advance/direct debit facility with the
concerned utility/service provider so that such charges are defrayed and paid for even in the
Purchaser's absence in order to avoid disconnection or disruption in supply/service.
c) They shall bear, in proportion to the area of the Apt, all expenses of including but not limited
to:
1) Periodic maintenance of the common areas and exteriors of the buildings and the
development including painting, whitewashing, re-tiling, re-roofing, waterproofing, cleaning,
2) Maintenance of other common equipment/infrastructure/services such as pumps and other
equipment, common electrical lines, and fittings whether in the common areas or elsewhere,
3) Water supply by tankers, garbage management expenses,

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4) Expenses on security guards, manager and other estate staff/personnel, as well as periodic
increases if any, in local taxes, water charges, insurance and other such levies imposed by the
concerned local authority and/or government and/or other public authority,
5) Maintenance/annual maintenance cost of, solar water heating systems, sewage treatment
plant, DG set,
6) Recurring costs of fuel for generator, water-supply augmentation by tankers,
7) Maintenance of lawns, plants, gardens, etc. forming part of the common areas,

d). The Purchaser shall not claim exemption / rebate/ reduction of any expenses on the
grounds of non-use by the Purchaser of these common facilities, utilities, etc. The proportionate
share of expenses for each year shall be punctually paid by the Purchaser in advance when
called upon to do so and regularly each year thereafter irrespective of whether the Purchaser is
in actual, physical use and for residential purpose of the said Apt or not for any length of time
and irrespective of whether the Purchaser receives any payment-notice/reminder or not. The
Purchaser shall regularly pay such annual advance towards their proportionate share of
expenses without any delay of default.

CLAUSE – N

MAINTAINENCE AND REPAIR: The Purchaser for himself/herself /themselves and with
the express intention of binding under these presents all person/s into whosoever hands the
Apt may come including whosoever uses, occupies or resides in the Apt (whether as guest,
lodger, caretaker of the Purchaser or otherwise) or whosoever the Apt is let / sold / assigned
/gifted/mortgaged/transferred to; does hereby expressly agree, and covenant that:
1. The Purchaser shall from the date of taking possession and at their own cost, maintain the
Apt good, habitable repair and condition so as to support shelter and protect the other parts of
the building in which the Apt is situated and carry out the necessary and adequate preventive
maintenance of its interiors and shall not do or suffer to be done anything in or to the Apt or to
the building housing the Apt or to the development that may be against or contrary the
BYLAWS Or to the bye-laws of the society or the Village Panchayat and other authorities.
2. Unless the prior written permission of the society is obtained, the Purchaser shall not make
any changes/additions/alterations to the elevation, exterior colour and paint scheme and
windows, doors, etc. of the Apt or the building housing the Apt.
3. Unless the prior written permission of the Developer or society and/or concerned local
authorities is obtained and a copy of the same is lodged with the society, the Purchaser shall
not:
(a) Construct or install additional walls, windows, doors, balconies, external staircases,
entrances, exits, etc., or excavate the flooring, or otherwise alter the internal lay-out of the Apt
or the external faces or roof of the building in any manner whatsoever,
(b) Construct or install lofts, mezzanine floors, or otherwise increase the area of the Apt in any
manner.
(c) Enclose the balconies or sundeck (if any), either by glazing shuttering, walling, grill-work or
other means.

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(d) Change, alter, increase or install additional flooring or floor/wall tiling, electrical
points/kitchen and bathroom plumbing/or sanitation/drainage outlets provided; or chisel,
demolish or in any other manner cause damage to the roof, columns, beams, walls, flooring,
tiling, ceiling, slabs, RCC or other structural members of the building housing the Apt or make
any internal structural alterations or subdivisions of the Apt, or make constructions of a
permanent nature or create additional internal or external walls, doors, windows or openings in
the Apt.
(e) The Purchaser shall maintain all electrical, plumbing, and other fittings, cables, pipes and
conduits in a good and safe condition and state of repair at all times.
(f) The Purchaser shall be responsible to the concerned local and planning authorities and to the
society for any violation or breach of any of the aforesaid provisions. In the event of any
complaint being made by the society and/or the purchaser of the other homes in the
Development in respect of any violation or breach of the aforesaid provisions, the Purchaser
agree to allow the society or their nominees/agents access, if required, to the Apt at any
reasonable time for the purpose of investigation of the complaint.

CLAUSE: - O
1. CHANGES AND ADDITIONS: The Purchaser shall not construct, erect or place any grill,
barricade, fencing or wall or any structure, obstacle, enclosure, lean-to, awning, roofing,
canopy, advertising or other signage at/over/around in front of any doorways, entrances,
windows, external walls etc. of the Apt or car parking space or sundeck, if any, or
above/over/around any part or portion of the Apt open terraces, stilt portions, driveways,
pathways, parking spaces or gardens and common areas of the development. The Purchaser
shall not construct any structure, shelter, well, pond or make any construction or excavation
whatsoever in any part of the garden or common areas, nor fence or otherwise enclose the same
with any barrier, whether of Stone/cement/wood/metal, other than that originally provided
and/or installed of by the Developer.

2. DOCUMENTATION: If and when required or applicable, the Purchaser shall compulsorily

furnish to the Developer and or society details or certified copies of necessary documentation
including but not limited to voter ID or ration card, passport, PAN (Income Tax Permanent
Account Number) card, PIO (Person of Indian Origin) card, OCI (Overseas Citizen of India)
card or in respect of payments made by the Purchaser of any amounts payable as per and under
this agreement, the BYLAWS And the Sale Deed.

3. NEW IMPOSITIONS: In the event that any extraordinary, retrospective or de-novo

impositions, premiums, charges, fees, security deposits, betterment charges, development
charges, etc. are levied by the local or state or central government authorities or any other tax or
amount of a similar nature become/s payable by the Developer in respect of the Apt or the
development, the Purchaser shall bear a proportionate share of the same. It is agreed that the
impositions, premiums, fees, taxes, deposits and charges referred to hereinabove shall only
mean and include extraordinary or de-novo payments or impositions levied or demanded in
respect of the Apt and/or the said development and/or its infrastructure.

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4. STAMPING OF AGREEMENT: The Purchaser shall be liable to pay the requisite stamp duty
specified in clauses C, Sub Clause B and, the requisite stamp paper shall be purchased in the
name and on behalf of the Purchaser. The Purchaser or their duly constituted attorney shall
then execute the stamped document and comply with the registration formalities thereof. A
copy of the registered document shall be lodged with the Developer. The Purchaser alone shall
be liable to bear and pay the full value of stamp duty, registration fee and all other charges or
penalties if any that the concerned authority may levy or assess as payable on this Sale
Agreement and the Sale Deed and all other documents. The Purchaser are aware that the stamp
paper to be bought in the Purchaser’s name, is non-transferable and that stamp duty and other
statutory payments/impositions will not refunded by the concerned authority (ies) or by the
Developer.

CLAUSES: P
INSURANCE & SAFETY
1. BUILDING INSURANCE: The Purchaser shall not store/use in the Apt any goods, objects or
substances that are of a hazardous, combustible, contraband or dangerous nature, or that may
damage the structure of the Apt or the storage/use of which is likely to be objected to by the
concerned authorities and shall not install or carry in heavy articles and objects that are likely to
damage the staircase, common passages, elevation, stilt portion or any part of the development
or the building housing the Apt. Upon completion of construction, the buildings and all other
structures in the development shall be adequately and comprehensively insured in the name of
the society against all risks and eventualities including third-party liability.

2. CONTENTS INSURANCE: The Purchaser alone shall be responsible for adequate and
comprehensive insurance of the contents of the Apt including all their furniture, fittings and
personal effects and such contents-insurance shall commence simultaneous with receipt of
possession of the Apt by the Purchaser. The Purchaser shall not do or permit to be done any act,
deed or thing which may render void or voidable any insurance of the Apt or buildings or
development, or cause any increased premium to be payable in respect thereof.

3. INDEMNITY: The Purchaser indemnifies and keeps the Developer forever indemnified at all
times against any expenditure, loss or expense arising from any claim, demand, liability, suit or
legal proceedings on account of or occasioned by any accident or injury to the Purchaser or his
representative/s or any person/s visiting the Purchaser or their family, guests or visitors or
staff, or all persons claiming through or under the Purchaser, before or after taking possession
of the Apt and during the occupation, use and enjoyment of the development, the common
areas and the amenities.

4. SWIMMING POOL: The Purchaser are aware that the swimming pool is not intended to be
provided with and may not be provided at any time in the future with lifeguard services and all
persons using the pool or entering the pool area will do so at their own risk and responsibility.
Use of the pool by all the Purchaser/lessees and their agents, visitors, etc. shall be as per the

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rules and regulations of the society and pool rules posted at the poolside. That the use of the
swimming pool and the amenities shall be for the Purchaser and/or their immediate family
members and only those names mentioned herein below to the maximum of 4 members for a 1
bedroom Apt and 6 members for a 2 bedroom Apt.

(i) Nil

(ii) Nil

(iii) Nil

(iv) Nil

(v) Nil

(vi) Nil

The decision of the Developer or Society as the case may be, will be final in deciding whether
the individual is a family member or not & no objection shall be raised in this regard by the
Purchaser of whatsoever nature at any point of time.

CLAUSE: Q

EXTRA ITEMS, MODIFICATION, AND VARIATIONS

EXTRA ITEMS:

1) If the Purchaser desires to make any changes in the internal specifications depending on
the stage of construction and if permitted by the Vendor/Developer and falls within the rules
and regulations of the local Authorities, the Purchaser will have to pay the additional cost
arising thereupon before the said item of work is taken up for execution, and for the purpose of
payment it will be considered as an extra item.
2) The Developer may agree to undertake the extra item but subject to the following terms:
a) The purchaser shall pay for these extra work in advance and shall complete all payment prior
to the execution of the extra item.

b) The Developer may called upon the purchaser to arrange for the delivery of the fitting,
material constituting the extra items to the construction site at specified times, if the Developer
is unable to do so or source itself.

c) The acceptance of the Developer of undertaking the extra items and the feasibility/execution
thereof shall always be subject to the availability, supply and timely delivery of all material or
specification constituting the extra work to the construction site by the purchaser or their agents
as the case may be.

3) The purchaser are aware that the extra item work and the changes requested, will be
executed by the Developer on a best effort basis and consequently the purchaser agree that:

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a) The stipulated possession date for the Apt could get extended/delayed in view of the
extra work and by the reason of the purchaser selection of material which are different from the
standard specification of to be provided uniformly to all the Apt in the development.
b) The Developer shall not be held responsible or liable to the purchaser/s for any issues or
discrepancies arising from the batch variations or due to natural features or on account of
variation in shape, size, colour, nature, characteristics, texture or the
appearance/look/performance arising from the installation, discoloration of the purchaser
selection/design that vary from or are different from the standard specification intended to be
provided uniformly to all the Apt in the development.
c) Even if the work of extra items requested by the purchaser are found to be technically
feasible and is taken and up for execution, the Developer shall not be responsible for the
differences arising from any customization of the Apt the implementation of the extra items
whether these are paid for by the purchaser or not and arising from the purchaser selection of
material/design/features/layout in the Apt that vary from or differ from the standard
specification intended to be provided uniformly to all the APT in the development.

4) PLAN, DESIGN, ELEVATION, etc.: It is hereby agreed that the Developer reserves the right
and is entitled and permitted, to make /effect such change/variations/alternatives in the plan,
design, elevation, layout of the buildings, APT or the development including but not limited to
relocating open spaces, structures, gardens, Amenities and varying the
layout/placement/orientation of accesses, pathways, driveways, parking spaces, gates, walls,
entrances, swimming pool, or other amenities, etc. in the development as the Developer’s Chief
Architect/Chief Engineer may require or consider necessary but provided that these
changes/variations /alternations are necessitated by unforeseen technical exigencies/reasons
or requirements arising from or consequent to on-site conditions and circumstances during the
construction necessitated or by any revised or amended orders/directions of the planning /
approving authorities.

5) SUBSTITUTIONS: The Developer shall have the right to

alter/amend/change/substitute/replace, all or any of the materials or items comprising the
standard specifications of the Apt and/or the development and /or the amenities, if required,
or if it is in the interest of improving quality and enhancing customer satisfaction or in the event
that the particular material(s) or item(s) is /are in short supply or unavailable, but provided
that in so doing, the altered/amended, changed/substituted/ replaced material(s) or item(s) is
/are of equivalent or higher quality and threshold-value, in unit – cost terms , as that of the
corresponding materials or items originally intended to be provided as standard specifications
to all APT or/in the development or as amenities.

6: MATERIAL VARIATIONS:-The standard specifications may, at times, vary between Apts in

the development to the extent of overall differences such as colour, size, shade, appearance, but
not in terms of the threshold unit-values or unit-costs of the material(s) or item(s) intended to be
provided uniformly to all the APTS in the Development. All building materials including but
not limited to floor tiles, paints, hardware etc. are subject to variations in shade, size and

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thickness; natural materials such as stone slabs are subject to features such as veins, crystals;
manufactured materials are subject to batch variations.

CLAUSES: - R

THE SOCIETY

1. PURPOSE: - An society to be called "Saldanha Green Valley Maintenance Cooperative

Society " hereinafter referred to as the Society", shall be constituted by all the owners of APTs in
the development as its members for the purpose of attending to the management, security,
maintenance, repairs, insurance, etc. of the buildings, amenities, common areas, and to effect the
collection and accounting of individual contributions from all the APT owners. The Society will
be to manage the development on a day- to-day basis so as to preserve and maintain the
ambience and construction quality standards and to enable the peaceful enjoyment of the
development by all the purchaser or occupants therein in a harmonious and co-operative
manner. The Society will function on a "non-profit" basis and is intended to be registered under
Goa cooperative Society act and the bylaws framed under the said act will govern the
functioning of the society, and are intended to include all the APT, common areas, driveways,
footpaths, parking spaces, gates, compound walls, etc. depicted in the plan annexed hereto as
and when these are progressively constructed and put to use, and its meaning shall encompass
the development in its entirety as and when it is completed and inhabited.

2.A) REGISTRATION OF SOCIETY:-On completion of all the APT and on receipt by the
Vendor/Developer of the full payment of all the amounts due and payable to the
Vendor/Developer by all the Purchasers of all the respective APT in the said project, the
Vendor/Developer shall co-operate with the Purchaser in forming, registering or incorporating
the Society. The rights of members of the Society, as the case may be, will be subject to the rights
of the Vendor/Developer under this agreement.

b) That for the maintenance and upkeep of the said “SALDANHA GREEN VALLEY”, the
Purchaser along with the other co-purchaser of the APT in the said Scheme, shall cooperate
with the Vendor/Developer to form a Cooperative Maintenance Society to look after the
common interest of all the Purchaser of the respective APT in the said property and the society
so formed shall after completion of the said entire development, undertake the work of
supervising and maintaining it. Six months after completion of the project and/or on formation
of the society the Vendor/Developer shall handover the entire maintenance of the complex to
the society of the said “SALDANHA GREEN VALLEY” and the Vendor/Developer shall also
handover all the accounts of the said scheme after deductions if any for the expenses done on
maintenance till the handing over of the maintenance to the society.

3. MANAGEMENT: It is expressly agreed by the Purchaser that they shall co-operate and
coordinate with the other members to duly elect a Managing Committee (herein referred to as
MC) of the Society as soon as possible and at the earliest. In the meanwhile, the Developer in
good faith shall on behalf of the society:

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a) Temporarily engage the services of a security agency to guard the development on a 24x7
basis.
b) Temporarily appoint an Estate Manager or a property management company (hereinafter
referred to as ‘’EM") to manage the development on a day-to-day basis.
c) Temporarily appoint other service providers, such as gardening and garbage removal
contractors.
d) Temporarily appoint an accountant or accountancy firm to maintain the books of account
and take charge of the cheque books; bills; vouchers; bank; tax and other financial/ statutory
documents, etc. (‘’the financial documents") of the Society for purposes of banking operations,
account keeping and statutory compliances relating thereto, etc. The salaries, professional fees
and charges of all these aforementioned temporary appointees, professionals and service
providers shall be paid for from the 'Society’s funds. All such appointees/employees and
service providers shall be the Society's appointees/employees and service providers.

4) ESTATE MANAGER and ACCOUNTANT: The Estate Manager (EM) and Accountant (AC)
shall communicate with each other and with all members in all matters of accounts, collection of
dues, statutory compliances etc. As soon as the Secretary and/or Treasurer of the MC is elected,
this mandate may be reviewed by the MC.

5) The Developer shall, to the best of its ability and subject to the availability of suitable
candidates, appoint/recruit persons for the posts of EM and AC and engage agencies to provide
the services specified in clause d hereinabove. These are intended to be interim and temporary
appointments/recruitments that shall be reviewed by the MC as soon as it is elected. The MC
shall evaluate the performance of each these appointments/ recruitment and accordingly, either
continue with or terminate these appointments/recruitments and effect necessary replacements
as it deems fit.

6) The Purchaser agrees to actively co-operate with and assist the EM, AC and MC in their
duties and the accomplishment of the objectives of the Society and its day-to-day management.
The Developer shall furnish to the EM and AC the names and contact details of all the
purchaser of APT in the development. Members of the Society shall communicate regularly
with each other and with the EM, AC and MC by email, phone or post in all matters relating to
the society , including but not limited to the management, security, rentals, rules and
regulations, vehicle and visitor access, collection of dues, accounts keeping, etc. The Developer
shall not be responsible for the same or be required to communicate with the members and the
Society about these matters. The Developer shall communicate with the MC in matters
pertaining to the Developer’s rights and obligations under the agreements/deeds executed with
each member.

7) MEMBERSHIP: In order to achieve the aforesaid objectives of the Society, each of the
purchaser/transferees of APT in the development shall compulsorily become a member of the
Society and shall sign by laws of Rules and Regulations or other such document evidencing the
formation of the Society, both hereinafter referred to as ("Bylaws’’) in order to achieve the

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aforesaid objectives. The term "bylaws" shall also include, as applicable, all agreements and
documents that are required to be executed in future, either jointly or severally, by the members
of the Society or their agents/representatives and if necessary registered before the competent
authorities. Accordingly, the BYLAWS shall contain and incorporate, inter alia, the relevant and
applicable terms and conditions herein, and shall contain detailed provisions regarding the
Society's rules and regulations, membership, meetings, elections, decision-making, estate and
financial management, etc. The Purchaser shall, as and when required, sign and execute
applications, papers and documents including changes or modifications in the BYLAWS and
shall do all such acts, deeds, matters and things as may be necessary or required to be done in
order to meet the aforesaid objectives of the . If required and subject to the rights of the
Developer and the Owners under this Agreement and the Sale Deed and subject to the terms
and conditions in this Agreement, the BYLAWS and the sale Deed, the members shall, at a
special General Body Meeting convened by the Managing Committee and by a vote of at least
75 percent of the general body, add, delete or amend, the rules and regulations in the jointly
executed document and subject the approval of the registrar of societies.

8) BANK ACCOUNT: A separate bank account shall be opened in the name of the Society, as
soon as the society is registered and has obtained bank opening documentation from the
registrar and any funds lying with the Developer shall be credited all sums collected from all
the purchaser of the APT in the development as their proportionate share of expenses.. The
Society shall utilize these amounts strictly for the purpose for which they have been tendered
and shall pay for all expenses of management, maintenance, salaries, security, insurance, etc.
from the funds lying in this account. Accounts shall be maintained in respect of these funds and
annual financial statements shall be made available to all members of the Society.

CLAUSES S : DEVELOPERS RIGHTS

1) In the event of the society having being formed and registered before the Sale and disposal by
the Vendor/Developer of all the APT in the said project. The power and authority of the Society
so formed by the Purchaser shall be subject to the overall authority and control of the
Vendor/Developer or any of the matters concerning the said project and completion thereof
and amenities appertaining to the same and in particular the Vendor/Developer shall have
absolute authority and control as regard the unsold APT and disposal thereof. The
Vendor/Developer shall be liable to pay only the house tax, at actuals in respect of the unsold
APT and other common amenities. In case the society is formed before the disposal of all the
APT by the Vendor/Developer then in such case the Vendor/Developer shall join in as the
promoter /member in respect of such unsold APT and as and when such APT is/are sold to
the persons of the choice and discretion of the Vendor/Developer, the Society as the case may
be shall admit as member the Purchaser of such Apt without charging any premium or any
other extra payments.

2) SOCIETY RULES: The BYLAWS shall contain rules and regulations including but not
limited to the following:

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a) The Purchaser shall utilize the Apt for purely residential purposes. No occupant of the
development shall cause any nuisance, noise and annoyance or disturb the peace, quiet and
enjoyment of the development.
b) The common, undesignated or uncovered parking-spaces, if any, for vehicles within and
outside the Development are not intended to be physically allocated to specific or individual
Apt and shall only be used for parking of vehicles.
c) Any pets that are likely to cause noise, nuisance or danger to the other residents in the
development shall not be kept in or brought into the development.
d) The Developer shall not be responsible or liable in any manner whatsoever to the Purchaser
or to any of the other purchaser/transferees/members or to any other person(s) / authorities
for and in respect of the observance or violations/infringements of the rules and regulations by
the Purchaser or by the Society or the other purchaser or by their tenants agents, guests, rental
guests using, residing in or occupying the Apt or in the development, whether these rules and
regulations are contained in the BYLAWS of the Society or otherwise.

3) Default Interest: The Society shall be entitled to recover from the Purchaser interest,
compounded at 14 percent per annum, on any amount(s) so defaulted.

4) The sum collected in the name of and on the Society’s behalf from the Purchaser at the time of
handover of possession of the Apt by the Developer is a provisional, interim, on – account
estimate that is subject to review and revision by the Society when its accounts are drawn up at
the end of the Society’s first full accounting/financial year.

5) The Purchaser actual, future, ongoing share of Society expenses will vary depending on the
actual moneys spent or required/projected/budgeted to be spent under multiple heads of
expenditure by the Society and will vary depending on decisions that the Society and its MC
may take in respect of the nature, quality and type of management, repairs, maintenance,
security and other services to be availed of /provided in the development; the fees charged by
the providers thereof; the quality/extent of the facility management and goods/services; and
the actual running costs and also contributions that may require to be made to any sinking
fund, corpus or equivalent amount that the Society and its MC decide to create/keep in reserve.

6) The equitable, pro-rata basis of expense-sharing shall not be changed or altered by the
Society at any time in the future.

7). COMMON BENEFIT: The Purchaser shall observe and perform all the Rules and
Regulations of the BYLAWS/Society and all additions, alterations or amendments thereof that
may be made from time to time, for the purposes of protection and maintenance of the
development and observance and performance of the rules and bye-laws of the Village
Panchayat and other authorities. The Purchaser shall also observe and perform all the covenants
and conditions laid down, for the common benefit of all the purchaser/lessees, by the society
regarding the occupation, use and transfer of the APT and shall pay and contribute regularly

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and punctually towards the taxes, expenses or other outgoings in accordance with the terms of
this agreement and the BYLAWS and to the society.

CLAUSE T
1) INDEMNITY: The Developer shall, if it deems fit and only on a 'best- effort' basis, oversee
the management of the development for a limited, time- bound, temporary period, until the EM
and AC are appointed on behalf of the Society by the Developer. Thereafter the Developers'
involvement shall be merely in an advisory capacity. The purchaser/members and the Society
have agreed and understood that the Developer's oversight role will be strictly an interim and
goodwill gesture for a temporary duration i.e. till such time as the EM and AC, the Society's
paid retainers who will be responsible for the management, account-keeping and finances
commence their respective functions. The Developer shall not be held responsible or liable for
accountable, in any manner whatsoever, to the Purchaser or members/EM/AC/MC/Society in
respect of the functioning and obligations of the Society, including but not limited to:
a) The day-to-day maintenance and management of the development, and the collection of dues
from all the members and for disbursements including payment of expenses, taxes, salaries,
insurance, etc. to the intent that the development shall be kept free from all claims, attachments,
charges, liens or other legal encumbrances.
b) The observance, performance and compliance after the Stipulated Possession Date of/with
all the terms, conditions, stipulations and restrictions, if any, which have been or may be
imposed by the Village Panchayat, Town & Country Planning Department, or other authorities
while approving the building plans and permissions or thereafter.
c) The adherence to and compliance with all the statutes, rules and regulations including those
hereunder, by the Purchaser and their respective tenants, visitors, guests (paying or otherwise),
rental customers, rental agents or other individuals/ entities applicable to the member(s), the
said APT(s) or the development and its amenities or the Society.
d) The accounts-keeping, the financial transactions, arrears or outstanding in the Society
accounts whether due to non-payment of charges, contributions and payments due from
members or otherwise.
e) Any late payments or non-payment or defaults by the Society and its MC of statutory and
other dues, penalties, impositions relating to withholding taxes/TDS, salaries and
employee/labour benefits etc.
f) The performance or quality thereof of the EM, CA, security guards or other service providers
engaged, appointed or recruited on behalf of the Society.
g) The security or safekeeping of the APT or the development, or any
person's/contents/possessions therein.
h) The observance or violations/infringements of the rules and regulations by the owners of
APT. or by their agents, guests, rental guests using, residing in or occupying any of the apt in
the development, whether the rules and regulations are contained in the BYLAWS or not.

The Purchaser hereby indemnifies the Developer in respect of the provisions in clause T, from 1
a to h above and:

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a) shall do all such acts, deeds, and things as they may be reasonably required to do to
ensure that all the aforesaid obligations, compliances and responsibilities of the Society, the MC,
the EM and the AC as the case may be are undertaken and performed, respectively and
b) Even if not an office bearer or on the MC, they shall play an active role and
communicate regularly with all other members so as to enable the abovementioned compliance
and observances by the members, the Society, the MC, the EM and the AC.
CLAUSES: U
RENTALS & LETTINGS
1) The Purchaser have represented to the Developer that whenever the Purchaser are not
in occupation of the Apt they will rent or let the Apt to suitable persons including for vacation
rentals or holiday lets. Subject to the other conditions herein and the Rules and Regulations the
Society shall have no-objection to the Purchaser under taking such rental/letting of the APT to
any person(s) of the Purchaser choice but on condition that:
a) The Purchaser and/or their agent(s) undertake all renting/letting/leasing in conformity and
compliance with the Rules and Regulations in the BYLAWS those framed or amended by the
Society from time to time, and in conformity and compliance with the bye-laws, rules, and
regulations of all the concerned authorities.

b) The Purchaser's lessees, tenants, guests, visitors and other outsiders entering the
development or the Apt do not cause any nuisance, noise and annoyance or to the other
purchaser/lessees/occupiers or jeopardize the security of or disturb the peace and quiet of the
development therein. The Society shall frame such rules and regulations or amend them from
time to time as appropriate, only to sub-serve the aforesaid purposes but not so as to effect any
blanket prohibition of any rental or lettings intended to be undertaken by the Purchaser at any
time in the future. The Purchaser shall ensure that any renting/letting of Apt in and access to
the development by their guests, visitors, renters is properly regulated in the aforesaid manner.
c) The Purchaser shall have no objection if the purchaser of the other Apt in the development
decide to undertake vacation or holiday rental/letting of their APT whether on an individual or
collective basis, provided all such activity is undertaken in conformity and compliance with the
Rules and Regulations framed by the Society from time to time in this regard for the purpose of
ensuring that lessees, purchaser, residents, guests and other visitors outsiders do not cause any
nuisance, noise and annoyance in or jeopardizes the security of the said development or the
other purchaser/lessees/guests in the development and other APT therein. The Society shall
frame such rules and regulations, as appropriate, only to sub-serve the aforesaid purposes but
not so as to effect any blanket prohibition of any individual or collective holiday rental/lettings
intended to be undertaken in the development at any time in the future. The Purchaser shall co-
operate with the other purchaser and with the society to ensure that any vacation or holiday
renting/letting of APT in and access to the Developer is properly regulated in the aforesaid
manner. The Purchaser shall comply with all the regulations of the concerned authorities in
respect of any holiday renting/letting of the Apt. For the purposes herein, the terms 'holiday' or
'vacation' rentals and letting as used herein shall also include and apply to long-term rentals,
leases and other dispositions of the Apt.

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d) That the rental will be for a minimum of seven days or more, and under no circumstances it
will be on daily basis.

2). REGULATIONS/COMPLIANCES: The Purchaser shall personally comply with all the
regulations of the concerned authorities in respect of any renting / letting of the Apt including
compliance with Registration of Tenants and Foreigners Rules, Tourism Dept. Regulations and
other applicable laws and statutory requirements such as Luxury Tax, Service Tax and TDS. In
the case of each rental/letting of the Apt, the Purchaser shall lodge a copy of the form ’C’ and
/or Information on Tenants and other necessary documents with the police and other
concerned authorities with a copy to the society. The Purchaser agree that the society shall
frame appropriate rules in order to control and regulate rental activity and access to the
development by tenants, visitors and other outsiders in order to maintain security and sub-
serve the other purposes as aforesaid. The rights of the Purchaser to rent or let the Apt shall be
subordinate to the Rules and Regulations of the Society and to the rights of the Developer under
the BYLAWS and the rights of the society and the rights of the owners of other APT in the
development.

3.) RESPONSIBILITY: Even if any rental/letting of the Apt is undertaken by the Purchaser
through a rental management/letting agency/third-party, the Purchaser shall be ultimately,
directly and personally responsible for compliance with the Rules and Regulations of the
Society the provisions of this agreement, the BYLAWS and the Sale Deed; the rules of the
concerned authorities and with other statutory requirements.

4.) COMPLIANCES: The Purchaser alone shall be responsible and liable to ensure that
any/all assignment/s, transfer/s, letting/s, rental and transactions related thereto in respect of
the Apt shall be in compliance and conformity with all applicable central and state
laws/statues.

CLAUSES: V DEVELOPERS' OTHER RIGHTS & OBLIGATIONS

a). SAFETY OF ADVANCES: Subject to the terms and conditions herein, all installments paid
to the Developer by the Purchaser shall, at all times be kept free, saved, protected, defended and
harmless by the purchaser from all third-party claims, attachments, liabilities, liens or demands
by/from creditors, receivers, claimants or other society claiming through or against the
Developer.

b). ENFORCEMENT: The rights of the Purchaser, the society and all its members shall be
subject to the Developers' rights under this agreement, the Sale Deed, the BYLAWS and other
documents, are subject to the Developers' rights in respect of the Developmental Property and
the development. Any delay or indulgence by the Developer in enforcing the terms of this
agreement or any forbearance or giving of time to the Purchaser shall not be treated as a waiver
on the part of the Developers of any of the terms and conditions of this agreement, nor shall it in
any manner prejudice the rights of the Developer. The provisions, terms and conditions of this
agreement shall survive the execution of the Sale Deed and the BYLAWS and be applicable and

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binding on the parties hereto unless specifically excluded/waived in the Sale Deed and
BYLAWS.

c). COMPLETION OF AMENITIES: The Purchaser acknowledges, agrees that the construction
of certain components of the amenities and external, areas/portions/works in the Development
could be completed after the stipulated possession date.

d) ASSIGNMENT: The Developer shall be free to sell, assign, transfer or otherwise deal with
their right and interest in the Developmental property and in the Development provided it does
not in any way affect or prejudice the interest of the Purchaser and provided the Apt, the
amenities, the common areas and the private, residential character and ambience of the
Development are not affected adversely.

CLAUSES W : PERMANENT RIGHTS

1) PERMANENT RIGHTS: The following provisions of this clause shall remain applicable and
survive even after completion of the development and election of the MC of the society and
shall not be changed/amended/deleted from the BYLAWS or any other society document
executed at any time in the future or be overruled, countermanded or rescinded at any time in
the future by the society or the MC, even at/by a specially convened GBM.

2) The Developer shall always have the right to permanently install/display a plaque or signage
of an approximate size of 1 sq. mts., at the entrance and compound wall of the development
publicizing/promoting the name of the development and the Developer. The Developer shall
have the right to display two other signboards of the same size and with the same inscription on
the outside wall(s) of the development. The society, the MC or any of the members shall not
remove or subscribe to the removal of these signboards at any time In the future.
3) The Developer and its authorized representatives and nominees shall always have the right
to enter the development at any reasonable time even without prior arrangement for the
purpose of viewing the development even after the formation of the society or the sale of all the
APT therein.

4) The provisions of sub clauses W- 1 to 3 shall not be changed /amended

/countermanded or overruled at any time in the future by the society its Managing Committee,
even if agreed to/decided by all the members and/or voters at any General Body Meeting of
the society.

5) NO LIABILITY: Neither the Developer nor the society shall be liable to the, Purchaser or any
person whomsoever whether claiming through or under, the Purchaser or otherwise:
a) For or in respect of any loss or damage to any person/s or property caused by, or through, or
in any way owing to a failure, malfunction, explosion or suspension of the electricity, telephone,
or water supply to the development or the Apt or any part thereof or caused by causes /
reasons whatsoever.

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b) For or in respect of any loss, damage, inconvenience to any person/s or property caused by
or during the use of habitation of/entry into/residence in the Apt or in the development or
caused by falling objects or caused by Suspension/breakdown/outages/shortages of utilities
and services or from any other cause or reason whatsoever.
c) For the security or safekeeping or insurance of the development, or the Apt or of any
person/s or of the contents and possessions therein.

CLAUSES: X
MISCELLANEOUS PROVISIONS:
1) Nothing contained in this Agreement is intended to be nor shall be construed as a grant,
demise or assignment in law in respect of the said APT or of the said project or any part thereof
until the full amount is paid to the Vendor/Developer.

2) Any delay tolerated or indulgence shown by the Vendor/Developer in enforcing the terms of
this Agreement or any forbearance or giving of time to the Purchaser by the Vendor/Developer
shall not be construed as a waiver on the part of the Vendor/Developer of any breach or non-
compliance of any of the terms and conditions of this Agreement by the Purchaser nor shall the
same in any manner prejudice the rights of the Vendor/Developer.

3) It is also understood and agreed by and between the Parties hereto that the space in front of
and/or adjacent to the APT in the said project if any allotted by the vendor /Developer, shall
belong exclusively to the respective Purchaser of the APT and the said space is intended for the
exclusive use of the respective Apt Owner (if any). The said space shall not be enclosed by the
Apt owner till the permission in writing is obtained from the concerned local authority and the
Vendor/Developer or the said Society or as the case may be.

4). SETTLEMENT OF DISPUTES: Any dispute/s arising between the parties of this agreement
whether in relation to the interpretation of its clauses and conditions, or to the performance of
these presents or concerning any act or omission of either party to the dispute/s, or to any act
which ought to be done ·by the parties in dispute, or in relation to any matter whatsoever
concerning this agreement shall be referred to a sole arbitrator who shall be a permanent
resident of Goa, appointed by mutual consent of both the parties and such arbitration shall be
conducted in Panjim, Goa in accordance with the provisions of the Indian Arbitration and
Conciliation Act, 1996 as amended upto date. The arbitrator must have no social, business or
professional relationship with any party hereto. All the costs towards the arbitration
proceedings shall be borne by the party initiating the arbitration proceedings.

5) The common amenities, such as recreation place, swimming pool, playgrounds use shall be
meant only to the use and enjoyment of the Owners/Immediate family members of theApt
owners in the said “SALDANHA GREEN VALLEY”. The Purchaser agrees and undertakes to
contribute towards the membership fees of these common amenities, which may from time to
time be imposed by the Managing Committee of the Society, as and when formed.

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6) It is specifically agreed and understood that irrespective of any representation that may be
made by the VENDOR/DEVELOPER in any brochures or advertisements or irrespective of any
design or drawings shown in any plans or drawings, the VENDOR shall have the absolute
authority to change the locations, designs or alignments of any Apt /s, and/or of any open area
in plot or building/s or any premises in any of theApt /s and similarly to convert any open
areas, stilts, etc. into any other premises for any other purpose or use and the PURCHASER
shall not be entitled to in any manner object thereto.

Likewise, all the open areas, whatsoever in any of the building/s or on the said property shall
be the absolute property of the VENDOR/DEVELOPER and he/she shall in his absolute
discretion be entitled to make any allotment reservations, sales, grants or allowances in respect
thereof in favour of any person/s and the PURCHASER shall not be entitled to claim any rights
thereto or in any manner object or obstruct the VENDOR/DEVELOPER or any such
PURCHASER, allottee or grantee in respect thereof, it is expressly agreed and understood that
except for the premises agreed to be sold to the PURCHASER as hereunder provide, the
PURCHASER shall not be entitled to have or claim any rights to or interests in any area/s in
any of the building/s or the said property.

7. NO ORAL VARIATION: All contractual commitments in respect of and including

configurations, designs, features, specifications, extra items, time- bound payments, plans,
drawings, sizes, etc. of the Apt and the development and all the terms and conditions relating
thereto shall necessarily be in writing and countersigned by both parties to be valid and binding
and neither party shall plead any oral variation thereof. The Developer and the Purchaser/s
agree that changes, modifications, waivers, amendments, addendum if any, of/to the terms,
conditions, clauses herein and all agreement/s between the Purchaser/s and the Developers
shall be in writing and countersigned by both parties to be valid and binding and neither party
shall plead any oral variation thereof.

8. ENTIRE AGREEMENT: The details as specified in this agreement and any other writing/s
duly countersigned shall constitute the entire agreement and contractual commitment between
the Purchaser and Developer in relation to specifications, designs, dimensions, features,
timelines, amenities and facilities of the Apt and the development. Promotional material
including but not limited to brochures, flyers, website data, videos, walk through, computer
generated images and pictures or other marketing collateral and communication /s exchanged
between the parties in respect of the Apt prior to the execution hereof shall not form part of this
agreement. The specifications and features of the Apt and the development in Schedule II B, C,
D hereunder shall comprise and constitute the only, definitive list/itemization of specifications,
features and amenities to be provided to the Apt and the development.

9. SEVERABILITY AND JURISDICTION: If at any time, any provision of this agreement is

declared invalid or unenforceable under the applicable law/s or under directions or orders of
any judicial or other competent authority, the validity or enforceability of the remaining
provisions of this agreement shall not be affected or impaired thereby and this agreement shall
continue in full force and effect as if it had been executed without the invalid or unenforceable

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provision. The Developer and the Purchaser also agree that all disputes if any, arising under or
concerning this agreement shall come under the sole, exclusive legal jurisdiction of the Courts
in Goa only.

10. MULTIPLE PURCHASER/S: In the event of there being two or more persons collectively
named herein as 'Purchaser/s', they hereby agree that all references to 'Purchaser' in this
agreement shall mean each and all of them and all of the obligations and liabilities of the
persons collectively named as Purchaser/s herein are joint and several and the Developer shall
not be obligated to determine each of the constituent purchaser/s obligations but may pursue
each of them severally. Anyone person named herein as Purchaser who signs the possession
certificate or other documents shall be deemed as the representative and authorized signatory
signing on behalf of all the other persons named as Purchaser/s.

11). THIRD PARTIES: This agreement will be binding upon and endure to the benefit of the
Developer, their administrators, successors and permitted assignees and will be binding upon
and endure to the benefit of the Purchaser/s, their legal heirs, executors, administrators,
successors, transferees and permitted assignees.

12) This agreement is for the sole benefit of the parties hereto. Neither party’s obligations are for
the benefit of any third party nor no third party acquires any enforceable rights with respect to
this agreement. Any rights, liens or claims of the banks, financial institutions or other
entitles/person(s) that are permitted by the Developer to extend home-loans/ finance to the
Purchaser, shall be sub-ordinate and subject to the Developers' lien over and rights and claims
in respect of the Apt.

13) GRANT: Nothing contained in these presents is intended to be nor shall be construed to be a
grant, demise or assignment in law of any right, title or interest in or to the Apt; the
development; the developmental property; the entire property or any part or portion and any
such right, title and interest will only be granted, demised or assigned to the Purchaser on
execution and registration of the Sale Deed.

14) JOINT AND SEVERAL LIABILITY: If more than one person signs this agreement as
Purchaser, each of their liabilities is joint and several. This agreement will be binding upon and
endure to the benefit of the Developer, their administrators, successors and permitted assigns
and will be binding upon and endure to the benefit of the Purchaser, their legal heirs, executors,
successors, transferees and permitted assigns.

15) NOTICES: Any communication, notice under this agreement shall be in writing and sent to
the addresses of the parties specified below. Any change of address by any party shall be
intimated to the other in advance.
Where necessary, all email correspondence shall be backed up by a hard copy of the
communication that shall be sent by post to the other party.

16. ADDRESS FOR COMMUNICATION

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a) THE DEVELOPERS: M/s. Saldanha Developers Pvt. Ltd.

Address for communication: 302 Mathias Plaza, 18th June Road, Panaji Goa. 403001.
Registered address: at 5/6, Pawan Palace, Sitladevi Temple Road, Mahim, Mumbai - 400 016.
Email ID:- [email protected]
Contact no:- 0832-2224485 / 2220568 / 2220569

b) THE PURCHASER: - ________________

Address for communication: ______________________.

Contact no:- _________________________

17) The Vendor/Developer and the Purchaser hereby declares that the property in transaction
does not belong to the Schedule Caste / Schedule Tribes pursuant to the Notification No.
RD/LAND/LRC/318/77 dated 21/08/1978.

18) Either Party to this Agreement shall be subjected to the stipulations hereunder contained
and shall have a right of specific performance of this Agreement.

19) The present market value of the APT is Rs. ________/- (Rupees Ten Lakhs Thirty One
Thousand Seven Hundred And Seventy Six only) and accordingly the appropriate stamp duty
is embossed.

20) The possession of the said APT no. _______ is not yet handed over to the Purchaser and the
same will be handed over at the time of execution and registration of sale deed.

SCHEDULE-I

ALL that plot of land bearing Survey Nos. 31/5, 7/4 and 8/7 admeasuring 775, 850 and 1050

square meters respectively, of the Village of Nachinola, admeasuring in the aggregate 2675

square meters, which plot of land forms part and parcel of the western half of the larger

property denominated ‘Gorbatta’, wherein there exists a residential house, which property

comprises of three additions, the first denominated ‘Boqueporbuchem Batta’ or ‘Teliachem

Batta’; the second denominated ‘Gorbatta’ or ‘Xir’; and the third denominated ‘Gorbatta’, all

interconnected and forming one property with the denomination of ‘Gorbatta’ situated in the

village of Nachinola, Sub-District and Taluka of Bardez, District of North Goa, which is

described in the Land Registration Office of Bardez at Mapusa, under No. 6148 at Page 258 and

259 of Book B (new), which western half of the said larger property, as per the Certificate of

Registration issued by the Land Registration Office is described as under :

On the EAST: by the property of the heirs of Honorato Agostinho Ernestinho Coutinho,

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On the WEST: by the property Gorbatta of heirs of Marinomo Vicente Luiz de Saldanha and of

Pascoal de Souza,

On the NORTH: on the North on the top of the hill of the Communidade of Nachinola, and

On the SOUTH: by the field Verica of the Communidade of Nachinola.

and as per the survey records is bounded as under:

on the EAST: partly by the property bearing Survey No. 31/1, partly by the road/passage and

partly by the drain,

on the WEST: partly by the road and partly by the drain,

on the NORTH: partly by the property bearing Survey No. 31/4, 7/2, and partly by the

property bearing Survey No. 8/6 of the Village of Nachinola, and

on the SOUTH: partly by the property bearing Survey No. 31/6, 7/5 and 8/8 of the Village of

Nachinola,

S C H E D U L E – II

ALL that plot of land bearing survey no. 7/5 and 8/8 admeasuring 850 and 625 square meters

respectively of the Village of Nachinola, admeasuring in the aggregate 1475 square meters, of

the Village of Nachinola, forming part and parcel of half of the larger property denominated

“Porquea Porbulem batta” also known as “Ghorbatta” or “Toleachem Batta” also known as

Gorbatta, situated in the village of Nachinola, Sub District and Taluka of Bardez, District of

North Goa, which is described in the Land Registration Office of Bardez, under no. 6243 at page

351 of Book B new 16, which plot of land admeasuring 1475 square meters, forming part of the

property described under no. 6243, is bounded as per the survey records as under:

on the EAST: by a road/passage,

on the WEST: by the property bearing survey no. 7/19 of the Communidade of Nachinola,

on the NORTH: by the property bearing survey no. 7/4 of Felix Conceicao Piedade de
Souza, and
on the SOUTH: by the property bearing survey no. 7/6 of Pundalik Venkatesh Dhond,

SCHEDULE –I A

The APT namely Apt No. ____, Block ____, having super built up area as defined below
admeasuring approx. _____ square meter (which includes incidence of
staircase/passages/balconies/wall thickness etc) on _________ floor and corresponding

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Carpet area of ______ and of the project “SALDANHA GREEN VALLEY” constructed on the
part of said property. The APT and its measurements are shown in red colour in the plan
hereto annexed. The present market value of said the Apt is Rs. ________/- (Rupees
_____________ Only) and accordingly the appropriate stamp duty is embossed.

The term Saleable area of APT is commonly known as super built up which includes the super
built-up area of the APT as well as the area of its balconies, bay window projections and
projections of other windows having tiles and railings; the areas of its lofts and attics (If any);
the proportionate share of the cross-sectional area of the staircase block,; a proportionate share
of the access to the overhead water-tank, a proportionate share of the areas of the structures of
the gymnasium, security guard cabin, filtration room, utility room and society office.

SCHEDULE- II A

SPECEFICATIONS FOR APRTMENTS:

1. Building will be RCC frame structure of columns, beams and slabs. The internal
partitions walls will be of 4 1/2" brick masonry and external wall will be of 9" laterite/brick
masonry. Internal walls will be plastered with cement mortar with neeru finish and then
painted in oil bound distemper and external walls will be plastered with cement mortar in two
coats with sand face finish thereafter painting the same with cement paint.

2. Flooring will be of vitrified tiles 24” x 24” for living /Bedrooms and ceramic tiles 16” X
16” with matching skirting for kitchen. The Toilet and Bathing rooms will be provided with
ceramic tiles up to a height of 7 feet. The flooring of the toilet/ bathing room will be tiled with
ceramic tiles or equivalent.

3. All internal and external doors will be 30 mm thick teak wood paneled door with marine
ply panel along with painting the doors on both sides with Synthetic Oil Enamel paint or
molded paneled doors of good quality. Main door shutter will be teak wood with brass fixtures.
Window will be Sal/matti wood frames with Sal wood shutters/Aluminum sliding shutters
and glazed with 3 mm glass and painted on both sides with Synthetic Oil Enamel paint and/or
aluminum powder coated sliding windows. Doors of the Toilet and Bathroom will be 30 mm
thick Teak wood frame with 9 mm Marine ply for panel and the same painted on both sides
with Synthetic Oil Enamel paint. All hardware will be of aluminum and anodized.

4. Plumbing will be concealed in CPVC pipes and fittings or equivalent. All sanitary ware
will be of cera/hindware or similar make with pastel colour matching with tiles and English
WC.

5. Electrical point will be concealed with copper wiring and adequate point will be provided
for each room as follows:

(a) Liv/Din- 2 light points, 1 fan point, 2 Nos. 5amp points, 1 bell point, 1 tv/tel socket.

(b) Bedroom - 1 fan point, 2 light points, 2 Nos. 5 amp points, 1 tel point and 1 No.15 amp point.

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(c) Kitchen- 2 light points, 1 fan point, 3 Nos. 5amp, 2 Nos. 15 amp.

(d) Toi/Bath- 1 light point, 1 Nos. 15 amp for geyser.

(e) Balcony- 1 light point.

All switches will be Anchor Dyna make or of similar brand.

6. Kitchen platform will have granite top with stainless steel sink and ceramic tiles of 2 feet
height above the platform and rested on wooden cabinets in cement board and laminated
shutters. OR rested on cuddappah supports with granite strips for front face of the platform
without wooden cabinets.

S C H E D U L E - II B

SPECIFICATIONS FOR STILT PARKING:

1. The flooring will be of red oxide finish cement flooring OR China Mosaic or chequered
tiles.

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands on
the day and year first herein above mentioned. Signed and delivered by the within named
Developer M/s. Saldanha Developers Pvt. Ltd. (Represented by its Managing Director Mr.
Benedict Saldanha)

Finger Print of left hand

Finger Print of right hand

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Signed and delivered by the within named Purchaser: -

2) ___________________ __________________

Finger Print of left hand

Finger Print of right hand

In the presence of: -

1) ___________________

2) ___________________

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